Does a Criminal Case Conviction Affect My Child Custody Case in California?

A child custody case in California can be an emotionally challenging, legally complex, and stressful process for everyone involved. Although a criminal conviction doesn’t always disqualify a parent from custody or visitation, it’s an important factor that California courts assess carefully. The court’s main goal is to protect the best interest of the child.

What Does the ‘Best Interest of the Child’ Mean?

California family courts use the standard of what is in the best interest of the child when determining custody matters to ensure the child’s health, safety, and welfare are prioritized above all else. The courts in California take into account a variety of factors, including:

• The age and needs of the child
• The child’s emotional bond with each parent
• The capability of each parent to ensure a supportive and stable living environment
• Any substance abuse history or evidence regarding domestic violence issues
• If old enough and mature enough, the court considers the child’s preferences

A criminal conviction can inform the court’s decision if it demonstrates behavior that might affect the child’s health, safety, or welfare.

When Does a Criminal Conviction Affect a Child Custody Case?

When the California family courts decide on custody arrangements, the criminal history of both parents is an important element to consider. The courts may examine:

• The severity and nature of the crime – Generally, a more serious crime affects decisions about custody and visitation, and felonies usually have a bigger impact on custody decisions than misdemeanors.
• The timing of the criminal conviction – An old conviction from several years ago might not have as much of an impact on a custody case; however, recent or multiple convictions might raise concerns about parental fitness.

In short, a conviction for a serious criminal charge can affect child custody determinations.

Which Crimes Affect Custody Decisions?

Different types of criminal convictions might impact a custody decision in California, including:

Violent Crimes

Convictions for crimes such as battery, assault, and domestic violence are of significant concern to family courts. California Family Code § 3044 establishes a presumption against giving custody to a parent with a domestic violence conviction; however, an individual can show rehabilitation and prove they are not a threat to the minor or the minor’s other parent.

Crimes Involving Substance Abuse

Convictions for crimes related to alcohol or drug abuse can negatively impact child custody; however, if a parent completes drug testing or rehab programs, they might be able to retain visitation rights or custody of their children.

Sex Crimes

A conviction for a sexual offense, especially one involving a minor, is a significant factor the court considers in a custody case to exercise extreme caution and prevent potential harm.

Non-Violent Convictions

Offenses like fraud or theft typically have a less significant impact on California custody determinations. If a conviction suggests a history of dishonesty or instability, the court might still consider non-violent convictions when determining whether the parent can adequately meet the needs of their child.

What Are Some Strategies for Parents With a Criminal Record?

If a parent has concerns about how a criminal record might affect their California child custody case, they can improve their situation by:

• Arguing their criminal record only shows old, isolated incidents
• Demonstrating complete rehabilitation and steps taken toward being a better person and parent
• Avoiding further legal trouble
• Seeking out only positive relationships and co-parenting amicably
• Complying with court orders

It’s important to consult a knowledgeable attorney who can help determine how a prior criminal conviction may impact your child custody case and present your case in a more positive light.

FAQs

Q: What Are Some Steps a California Court Might Take When a Parent Has a Criminal Record?

A: When a parent has a criminal record, the court might take steps to protect a child, including ordering supervised visitation (a third party attends parental visits), therapeutic supervision by a mental health professional, counseling, rehabilitation (parenting classes or treatment programs for substance abuse), monitoring to make sure court orders are followed, or restraining orders for cases involving domestic issues, as necessary.

A California family law attorney can further discuss potential measures a court might consider.

Q: How Can Parents Modify California Custody Arrangements After a Criminal Conviction?

A: In California, circumstances might change, particularly if one parent has a criminal conviction after an initial custody agreement is reached. The other parent can petition the court to formally modify the original agreement.

Similarly, if one parent has rehabilitated and resolved underlying issues, they can petition the court to adjust the original arrangement to consider a change in visitation or custody. The court considers the best interest of the child when any parent wants to modify a custody arrangement.

Q: If My Criminal Record Is Expunged, Does It Still Affect My Child Custody Case?

A: Unfortunately, an expunged criminal record might still impact a parent’s custody rights in California if the criminal conviction was related to domestic violence, child abuse, or another violent crime. The judge typically considers all factors when deciding whether a child is safe with a parent. An experienced California family law attorney can further discuss expunged records and their potential impact on a child custody case.

Q: Can I Regain My Parental Rights After Losing Custody in California?

A: Although it can be complicated and difficult, a parent can regain their legal rights after losing custody in California. This can be accomplished by resolving the underlying reason for the revoked child custody, following all relevant court orders, consulting a family law attorney, or requesting and completing a home evaluation. Although an arduous process, an experienced local attorney can help address regaining parental rights after they’ve been lost.

If a Criminal Conviction Is Affecting Your Custody Rights, Bickford Blado & Botros Can Help

If you are worried about the effect a criminal record might have on your child custody matter, consulting with an experienced family law attorney can help preserve your legal rights and secure a positive outcome for your child. A lawyer can help navigate the complex family law rules while keeping your goals for your child in mind. Contact us today to set up an initial consultation so that we can guide you throughout the child custody process.

 

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